Does the Criminal Investigation Brigade have the right to arrest and detain people?

Right. According to article 83 of the "Public Security Administration Punishment Law" and article 9 of the "People's Police Law", the maximum time for a public security organ to summon, continue interrogation, or custodial summons is 24 hours.

Public Security Administration Punishment Law

Article 83: After being summoned, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the circumstances are complicated and administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.

The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.

People's Police Law

Article 9: In order to preserve public security and order, the people's police of public security organs may interrogate and inspect persons suspected of violating the law or committing crimes on the spot upon presentation of the corresponding identification; After cross-examination and examination.

The criminal investigation brigade has the right to arrest people without the approval of the procuratorate, but when the period of detention expires and the facts need to be further investigated, the procuratorate needs to approve the arrest.

There are usually three conditions for the criminal investigation team to arrest a person: (1) there is evidence to prove the facts of the crime. This is a prerequisite and a basic condition for arrest.

Arrest is usually not made after the investigation has been concluded, but the investigation will continue after the arrest, so after the preliminary investigation, as long as there is evidence to prove that a crime has occurred and that the criminal suspect or defendant has committed a crime, he or she can be arrested. (2) A sentence of fixed-term imprisonment or higher might be given. That is to say, a criminal suspect or defendant may be sentenced to fixed-term imprisonment or more in accordance with the provisions of the Criminal Law for the crime he has committed.

3) The use of compulsory measures such as release on guarantee pending further investigation or residential surveillance is not sufficient to prevent them from becoming dangerous to society. The so-called "danger to society" refers to the fact that criminal suspects and defendants may have circumstances that obstruct the conduct of litigation activities, such as escaping, committing suicide, colluding confessions, and destroying criminal evidence, as well as may retaliate and continue to carry out criminal activities, bringing new harm to society.

Legal basis: Article 81 of the Criminal Procedure Law of the People's Republic of China: Where there is evidence to prove the facts of a crime and a criminal suspect or defendant who may be sentenced to a sentence of imprisonment or higher, the use of methods such as release on guarantee pending further investigation or residential surveillance is not sufficient to prevent the occurrence of danger to society, and where arrest is necessary, arrest shall be made immediately in accordance with law.

If a person is sent to the criminal investigation brigade, it means that he has been suspected of committing a crime, it has become a criminal case, and it is a relatively serious criminal offense, and criminal responsibility should be investigated in accordance with the law, and finally he should be sentenced. However, whether the case is serious or not depends on the facts of the case, and in the end, the court's judgment shall prevail.

[Legal basis].Public Security Administration Punishment Law

Article 83: After being summoned, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the circumstances are complicated and administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.

The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.

People's Police Law

Article 9: In order to preserve public security and order, the people's police of public training and security organs may interrogate and inspect persons suspected of violating the law or committing crimes on the spot upon presentation of corresponding identification; After cross-examination and examination.

1. If you are summoned for general violations, it can be up to 24 hours. up to 48 hours in the case of cross-examination;

2. If it is a criminal suspect, it can be criminally detained for up to 37 days. The public security organs may first detain a person who is a major suspect who is currently committing a crime or is a major suspect who has been transferred to the offender in any of the following circumstances:

1) Those who are preparing to commit a crime, committing a crime, or being discovered immediately after committing a crime;

2) The victim or a person who was present and saw the crime confessed to the crime; Evidence of a crime is found in the vicinity or residence;

3) Attempting suicide, escaping, or being at large after committing a crime; There is a possibility of destroying or fabricating evidence or colluding confessions;

4) Not telling the real name and address, and the identity is unknown; There is a major suspicion of committing crimes on the go, committing crimes multiple times, or committing crimes in groups.

Provisions on the detention time of the Criminal Investigation Brigade:

1. The time limit for filing a case by the Economic Investigation Brigade is 7 days, and the time limit for the public security organs to accept a report, accusation, report, or voluntary surrender of a criminal case is to decide whether to file a case within 7 days. For major or complex leads, the period for case filing and review may be extended to 30 days upon approval by the responsible person for a county-level public security organ. For particularly major or complex leads, the period for case filing and review may be extended to 60 days with the approval of the responsible person for a public security organ at the prefectural (municipal) level;

2. The economic investigation brigade must not detain a criminal suspect for a maximum period of 37 days, and if the public security organ finds that it is necessary to arrest a detained person, it shall submit it to the people's procuratorate for review and approval within three days of the detention. Under special circumstances, the time for submitting a request for review and approval may be extended by one to four days. That is, under normal circumstances, the public security organs can criminally detain a suspect for 3 days; In exceptional cases, it can be extended by 1 to 4 days;

[Legal basis].Article 82 of the Criminal Procedure Law of the People's Republic of China.

Conditions for detention: The public security organs may first detain current offenders or major suspects in any of the following circumstances:

1) They are preparing to commit a crime, committing a crime, or are discovered immediately after committing a crime;

2) The victim or a person who witnessed it at the scene identified him as having committed the crime;

3) Evidence of a crime is found in the vicinity or residence;

4) Attempting suicide, escaping, or being at large after committing a crime;

5) There is a possibility of destroying or fabricating evidence or colluding confessions;

6) Not telling their real name or address, and their identity is unclear;

7) There is a major suspicion of committing a crime on the go, committing a crime multiple times, or committing a crime in a group.

Legal analysis: During the period of economic investigation, if the public security organs meet the requirements, they may take compulsory measures such as criminal detention or arrest of criminal suspects. The maximum period of criminal detention in general criminal cases is 14 days, and the maximum period of detention for major suspects who have committed crimes on the go, committed crimes multiple times, or committed crimes in groups is 37 days.

Detention in criminal proceedings is a compulsory method adopted by the public security organs and the people's procuratorate to temporarily deprive the person of liberty of an active offender or a major suspect in a case directly accepted by the public security organs and the people's procuratorate in the course of investigation.

Legal basis: Article 156 of the Criminal Procedure Law of the People's Republic of China: The period of investigation and detention of a criminal suspect after arrest shall not exceed two months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.

Article 157 of the Criminal Procedure Law of the People's Republic of China: For particularly major and complicated cases that are not suitable for trial for a longer period of time due to special reasons, the Supreme People's Procuratorate shall report to the Standing Committee of the National People's Congress for approval of an extension of trial.